by peter e. bortner
A Schuylkill County judge has upheld New Castle Township's decision to allow a man to build a garage at his Arnot's Addition home.
In a seven-page opinion and order filed Friday, Judge James P. Goodman ruled the township zoning hearing board had substantial evidence to justify granting the variance to Alvin S. Bell allowing him to build the garage at 149 Broad St.
Goodman rejected the appeal of Michael Goetz and Helen Polinsky, two of Bell's neighbors, asking that the garage not be allowed to be built.
"The Board correctly considered the character of the neighborhood and found that the construction of the garage would not change its character," Goodman wrote.
As a result, Bell will be allowed to build the garage at his residence.
Goodman wrote that the board based its findings on solid evidence and he cannot substitute his own judgment for the board's.
Furthermore, Bell asked for a dimensional variance, allowing him a permitted use - the garage - with an adjustment recognizing the reality of the property's size, according to Goodman.
Also, the board found there would not be any negative effect on neighborhood health, safety and welfare or Goetz and Polinsky's property values, and Goodman said that finding was justified.
In his opinion, Goodman also wrote that many other houses and garages in the neighborhood do not meet setback requirements, and the board's finding that Bell's garage fits well into the neighborhood is correct.
Finally, Goodman wrote that the board correctly considered possible negative effects on the area but did not have to find that Goetz and Polinsky had proven that such effects existed.